Terms | PopTopT
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Introduction
1.1. Welcome Statement: Welcome to Pop Top T, LLC (“Company,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of our website, www.PopTopT.com (the “Site”), including any content, functionality, and services offered on or through the Site.
1.2. Acceptance of Terms: By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must refrain from using the Site.
1.3. Effective Date and Updates: These Terms are effective as of the launch date of the Site. We reserve the right to update or modify these Terms at any time. Your continued use of the Site following any changes constitutes your acceptance of the updated Terms.
- Company Information
2.1. Legal Name: Pop Top T, LLC.
2.2. Headquarters Address: 5420 Parkmor Rd, Calabasas, CA 91302.
2.3. Contact Information:
2.3.1. Email: support@poptopt.com.
2.3.2. Phone: Not applicable at this time.
- Use of the Site
3.1. Eligibility: You must be at least 18 years old to access or use the Site. By using the Site, you represent and warrant that you meet this age requirement.
3.2. Account Security: If you register for an account on the Site:
3.2.1. You are responsible for maintaining the confidentiality of your login credentials.
3.2.2. You agree to accept responsibility for all activities conducted under your account.
3.2.3. Notify us immediately of any unauthorized use of your account or any other breach of security.
3.3. Prohibited Activities: When using the Site, you agree not to:
3.3.1. Use the Site for unlawful purposes or in violation of any applicable law.
3.3.2. Introduce malicious software, including viruses, worms, or trojans.
3.3.3. Attempt to gain unauthorized access to the Site, its servers, or databases.
3.3.4. Use automated systems, such as bots or spiders, to access or interact with the Site.
- Purchase Terms
4.1. Product Availability: All products are subject to availability. We reserve the right to limit quantities or discontinue products at any time without notice.
4.2. Pricing: Prices are listed in U.S. dollars and are subject to change without notice. Applicable sales tax will be added where required by law.
4.3. Payment: Payments are securely processed through Shopify’s payment platform. By completing a purchase, you agree to Shopify’s terms of service, available on their official website.
4.4. Shipping and Delivery:
4.4.1. Orders are processed Monday through Friday, excluding public holidays.
4.4.2. Standard domestic shipping typically takes 3-5 business days.
4.4.3. A confirmation email with tracking details will be sent upon shipment.
4.4.4. For international shipping inquiries, please contact support@poptopt.com.
- Return Policy
5.1. Standard Returns:
5.1.1. Returns are accepted within 30 days of receiving the product.
5.1.2. Items must be unused, in their original, unopened packaging, and include all components.
5.1.3. To initiate a return, contact support@poptopt.com with your order number and date of purchase.
5.2. Exchanges:
5.2.1. Exchanges are permitted within the same 30-day return period.
5.2.2. Items must meet the same criteria as returns (unused, unopened packaging).
5.2.3. Exchanges are limited to products of equal or lesser value. Additional payment is required for higher-value items.
5.3. Customer Responsibilities:
5.3.1. Customers are responsible for return shipping costs.
5.3.2. Proof of purchase or receipt must be included with the return or exchange.
5.4. Refunds:
5.4.1. Refunds will be processed within 10 business days of receiving and inspecting the returned item.
5.4.2. Original shipping charges are non-refundable.
5.5. Incorrect or Defective Items:
5.5.1. If you receive an incorrect item, contact support@poptopt.com immediately. We will cover return shipping and ensure the correct item is sent.
5.5.2. For defective items, contact us to discuss available resolution options.
- Privacy Policy
6.1. Data Collection: We collect personal data necessary for processing transactions, fulfilling orders, and improving your experience. Collected data may include your name, email address, shipping address, and payment details.
6.2. Third-Party Services: We use third-party services, including:
6.2.1. Shopify: For payment processing.
6.2.2. Klaviyo: For customer relationship management (CRM) and email marketing. Your data is shared with these services solely for operational purposes. For details, review their respective privacy policies.
6.3. Cookies and Tracking: Our Site uses cookies to enhance functionality and track performance. You can manage cookie preferences via your browser settings. Further details are provided in our Privacy Policy.
6.4. Data Protection: We employ industry-standard security measures to safeguard your data. However, no system is entirely secure, and we cannot guarantee absolute data security.
6.5. Notification of Changes: Significant changes to our privacy practices will be communicated through prominent announcements or via email.
- Limitation of Liability
7.1. General Limitation: To the maximum extent permitted by law, Pop Top T, LLC is not liable for indirect, incidental, or consequential damages resulting from your use of the Site or products. This includes:
7.1.1. Loss of profits, goodwill, or data.
7.1.2. Unauthorized access to or alteration of your data.
7.1.3. Statements or conduct by third parties on the Site.
7.2. Monetary Cap: Our liability, under any circumstances, is limited to the purchase price of the product in question.
7.3. Exclusions: This limitation does not apply in cases of gross negligence, intentional misconduct, or liabilities that cannot be excluded by law.
- Intellectual Property
8.1. Content Ownership: All content on the Site, including text, images, and logos, is owned by Pop Top T, LLC and protected under intellectual property laws.
8.2. Trademarks: “Pop Top T” and related marks are trademarks of Pop Top T, LLC. Unauthorized use is strictly prohibited.
- Governing Law and Dispute Resolution
9.1. Applicable Law: These Terms are governed by the laws of the State of California, without regard to conflict of law principles.
9.2. Binding Arbitration:
9.2.1. All disputes arising out of these Terms or your use of the Site will be resolved through binding arbitration.
9.2.2. Arbitration will be conducted in Los Angeles County, California, in English, by a mutually agreed-upon arbitration organization.
9.2.3. The arbitrator’s decision will be final and binding. Confidentiality of the proceedings will be maintained.
9.3. Arbitration Procedure:
9.3.1. Written notice must be provided to initiate arbitration, detailing the nature of the dispute and relief sought.
9.3.2. Arbitration fees will be shared equally unless otherwise determined by the arbitrator.
9.4. Opt-Out Clause: You may opt out of the arbitration agreement by submitting written notice to support@poptopt.com within 30 days of accepting these Terms.
- Contact Information
10.1. Customer Support: For inquiries or assistance, email support@poptopt.com.
10.2. Mailing Address: 5420 Parkmor Rd, Calabasas, CA 91302.